I hereby give notice that an ordinary meeting of the Governing Body will be held on:

 

Date:                      

Time:

Meeting Room:

Venue:

 

Thursday, 27 February 2014

9.30am

Council Chamber
Takapuna Service Centre
Level 3
1 The Strand
Takapuna

 

Governing Body

 

OPEN AGENDA

 

 

 

MEMBERSHIP

 

Mayor

Len Brown, JP

 

Deputy Mayor

Penny Hulse

 

Councillors

Cr Anae Arthur Anae

Cr Dick Quax

 

Cr Cameron Brewer

Cr Sharon Stewart, QSM

 

Cr Dr Cathy Casey

Cr Sir John Walker, KNZM, CBE

 

Cr Bill Cashmore

Cr Wayne Walker

 

Cr Ross Clow

Cr John Watson

 

Cr Linda Cooper, JP

Cr Penny Webster

 

Cr Chris Darby

Cr George Wood, CNZM

 

Cr Alf Filipaina

 

 

Cr Hon Chris Fletcher, QSO

 

 

Cr Denise Krum

 

 

Cr Mike Lee

 

 

Cr Calum Penrose

 

 

(Quorum 11 members)

 

 

 

Elaine Stephenson

Democracy Advisor

 

21 February 2014

 

Contact Telephone: (09) 373 6328

Email: elaine.stephenson@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

 

 


 

TERMS OF REFERENCE

 

 

Those powers which cannot legally be delegated:

 

(a)        the power to make a rate; or

(b)        the power to make a bylaw; or

(c)        the power to borrow money, or purchase or dispose of assets, other than in accordance with the long term council community plan; or

(d)        the power to adopt a long term plan, annual plan, or annual report; or

(e)        the power to appoint a Chief Executive; or

(f)        the power to adopt policies required to be adopted and consulted on under the Local Government Act 2002 in association with the long term plan or developed for the purpose of the local governance statement; or

(g)        the power to adopt a remuneration and employment policy.

 

Additional responsibilities retained by the Governing Body:

 

(a)     Approval of a draft long term plan or draft annual plan prior to community consultation

(b)     Approval of a draft bylaw prior to community consultation     

(c)     Resolutions required to be made by a local authority under the Local Electoral Act 2001, including the appointment of electoral officer

(d)     Adoption of, and amendment to, the Committee Terms of Reference, Standing Orders and Code of Conduct

(e)     Relationships with the Independent Maori Statutory Board, including the funding agreement and appointments to committees.

(f)      Approval of the Unitary Plan

(g)     Overview of the implementation of the Auckland Plan through setting direction on key strategic projects (e.g. the City Rail Link and the alternative funding mechanisms for transport) and receiving regular reporting on the overall achievement of Auckland Plan priorities and performance measures.

 

 


Governing Body

27 February 2014

 

 

ITEM   TABLE OF CONTENTS                                                                                        PAGE

1          Affirmation                                                                                                                      5

2          Apologies                                                                                                                        5

3          Declaration of Interest                                                                                                   5

4          Confirmation of Minutes                                                                                               5

5          Acknowledgements                                                                                                       5

6          Petitions                                                                                                                          5  

7          Public Input                                                                                                                    5

8          Local Board Input                                                                                                          5

9          Extraordinary Business                                                                                                5

10        Notices of Motion                                                                                                          6

11        Auckland Council submission to the Proposed Auckland Unitary Plan 2013       7

12        Review of Auckland Council CCOs – Terms of Reference                                    19

13        Council Controlled Organisation Review – Current State Assessment               31

14        Proposed Auckland Council membership on the Tūpuna Maunga o Tāmaki Makaurau Authority                                                                                                                       33

15        Political Working Party for negotiations with the Independent Māori Statutory Board for 2014/15 Funding Agreement                                                                                       45  

16        Consideration of Extraordinary Items 

PUBLIC EXCLUDED

17        Procedural Motion to Exclude the Public                                                                 49

C1       Auckland Council Proposed Retail Bond Issue                                                       49

C2       Te Tiriti / Treaty Settlements Update                                                                        49  

 


1          Affirmation

 

His Worship the Mayor will read the affirmation.

 

2          Apologies

 

An apology from Cr AJ Anae has been received.

 

3          Declaration of Interest

 

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

 

4          Confirmation of Minutes

 

That the Governing Body:

a)         confirm the ordinary minutes of its meeting, held on Thursday, 30 January 2014, including the confidential section, as a true and correct record.

 

 

5          Acknowledgements

 

At the close of the agenda no requests for acknowledgements had been received.

 

6          Petitions

 

At the close of the agenda no requests to present petitions had been received.

 

7          Public Input

 

Standing Order 3.21 provides for Public Input.  Applications to speak must be made to the Committee Secretary, in writing, no later than two (2) working days prior to the meeting and must include the subject matter.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.  A maximum of thirty (30) minutes is allocated to the period for public input with five (5) minutes speaking time for each speaker.

 

 

8          Local Board Input

 

Standing Order 3.22 provides for Local Board Input.  The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time.  The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give two (2) days notice of their wish to speak.  The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

 

This right is in addition to the right under Standing Order 3.9.14 to speak to matters on the agenda.

 

At the close of the agenda no requests for local board input had been received.

 

9          Extraordinary Business

 

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

 

(a)        The local  authority by resolution so decides; and

 

(b)        The presiding member explains at the meeting, at a time when it is open to the public,-

 

(i)         The reason why the item is not on the agenda; and

 

(ii)        The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

 

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

 

“Where an item is not on the agenda for a meeting,-

 

(a)        That item may be discussed at that meeting if-

 

(i)         That item is a minor matter relating to the general business of the local authority; and

 

(ii)        the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

 

(b)        no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

 

10        Notices of Motion

 

At the close of the agenda no requests for notices of motion had been received.

 


Governing Body

27 February 2014

 

 

Auckland Council submission to the Proposed Auckland Unitary Plan 2013

 

File No.: CP2014/00901

 

  

 

Purpose

1.       To consider the recommendations of the Unitary Plan Committee (25 February 2014) in respect of the council’s submission on the Proposed Auckland Unitary Plan (PAUP), and to endorse the submission for lodgment by 28 February 2014.

Executive Summary

2.       After a series of workshops from November 2013 to February 2014, the Unitary Plan Committee will meet on 25 February 2014 to consider a draft council submission on the PAUP (agenda report in Attachment A). 

3.       The submission is based on inputs from across the organisation, including the Council Controlled Organisations (CCOs), and local boards.  The primary purpose of the submission is to recommend improvements to the Unitary Plan Independent Hearings Panel, not to revisit the overall policy approach in the PAUP.

4.       The draft submission, endorsed by the Unitary Plan Committee, will be recommended for approval by the Governing Body, to enable the submission to be lodged prior to 5:00pm on 28 February 2014.

5.       A copy of the draft submission has been distributed to all councillors on memory stick, as an attachment to the Unitary Plan Committee 25 February 2014 agenda item.

 

Recommendations

That the Governing Body:

a)      approve the lodgment of the council submission on the Proposed Auckland Unitary Plan, as attached to the Unitary Plan Committee agenda item on 25 February 2014, subject to any changes agreed to by that committee.

b)      delegate minor editorial rights to the Chair of the Unitary Plan Committee, until the submission is made.

 

 

Consultation

6.       The development of the council’s own submission on the PAUP has involved input from departments across the council, CCO’s and local boards.

Significance of Decision

7.       The decision made by the council to submit on the PAUP will ensure an opportunity to ‘front foot’ some issues prior to the hearings. Some of these issues are of particular interest to local boards, CCOs and key stakeholders.  

8.       The submission also provides the council with the opportunity to iron out some errors such as grammar and spelling, cross referencing and linking, numbering and errors with images (including maps).

9.       Clause 6 of the First Schedule of the Resource Management Act (RMA) enables the council to make a submission on the PAUP.

Decision Making

10.     The Governing Body holds delegated authority to endorse and lodge submissions to RMA policies and plans, including the PAUP.  

Consideration

Local Board Views

11.     Local board chairs have attended the Unitary Plan Committee workshops to help build the council’s submission. In addition, local boards have been invited to record their community views within Part Two of the submission.

Māori Impact Statement

12.     Staff are separately advising Mana Whenua about the content of the PAUP and the process for their submissions. Mana Whenua technical hui were held on 27 and 28 November 2013 and 29 January 2014, to assist Mana Whenua in navigating the PAUP.  It is understood that most, if not all Mana Whenua intend to lodge submissions on the PAUP.

Financial and Resourcing Implications

13.     The submission is within ongoing operational budgets.

Legal and Legislative Implications

14.     Legal services were involved in senior management review sessions of matters for possible inclusion within the council submission. As stated in paragraph 27 above, Clause 6 (2) to the First Schedule of the RMA expressly provides for the council to make a submission on its own policy statement or plan.

 

Attachments

No.

Title

Page

aView

Copy of Unitary Plan Committee report: Auckland Council submission to the proposed Auckland Unitary Plan 2013

9

      

Signatories

Author

Phill Reid - Unitary Plan Integration Manager

Authorisers

Penny Pirrit - Regional & Local Planning Manager

Roger Blakeley - Chief Planning Officer

Stephen Town - Chief Executive

 


Governing Body

27 February 2014

 

 










Governing Body

27 February 2014

 

 

Review of Auckland Council CCOs – Terms of Reference

 

File No.: CP2014/02608

 

  

 

Purpose

1.       To approve the Terms of Reference for the review of Auckland Council, Council Controlled Organisations (CCOs).

Executive Summary

2.       The Auckland Council is undertaking a review of its council controlled organisations (CCOs) to determine whether there is a need to change the scope of activities and functions within any CCO, the structures that the CCOs operate within, or any of the accountability mechanisms between CCOs and Council.

3.       A draft Terms of Reference (TOR) for the CCO review was distributed by the Mayor on Friday 20 December 2013 to all elected members (both councillors and local board members), the CCOs and the Independent Māori Statutory Board, asking for feedback.

4.       Feedback was received on the TOR from Councillors, the CCOs, the Independent Māori Statutory Board and staff from within Council.

5.       There were some common themes amongst the feedback, particularly on the scope of the TOR and review. This included the need to reduce duplication between Auckland Council and CCO activities, views as to the best location or responsibility for strategy/policy development, and where an activity is split between Auckland Council and one or more CCO the need to assess the impact this may have on outcomes and delivery.

6.       Effective communication and collaboration across organisations and achieving constructive and positive engagement with Aucklanders were also identified as critical issues for the review.

7.       A key change to the TOR is an extended timeline. Whist there is agreement that the timeframe of the review needs to be finite there is also an understanding that sufficient time is required to get full participation and feedback at the appropriate points of the process.

8.       The intention now is to complete the review and be ready to implement agreed outcomes by 30 June 2015, which also aligns the CCO review with the Long Term Plan process. 

9.       A final version of the Terms of Reference is attached to this report for consideration and endorsement by the Governing Body, which includes changes and additions based on the feedback received.

10.     Once the TOR is approved by the Governing Body the review of Auckland Council CCOs can begin.

11.     The project sponsor for the CCO review is Auckland Council Chief Executive, Stephen Town. 

 

Recommendation/s

That the Governing Body:

a)      approve the Terms of Reference for the review of Auckland Council, Council Controlled Organisations.

 

 

Discussion

12.     At the start of the current Auckland Council term a review of the Auckland Council CCOs was identified as a priority. 

13.     The Auckland Council has seven substantive council controlled organisations (CCOs) which were established as part of the 2010 reorganisation of Auckland’s local government.  In addition it has smaller legacy CCOs that were transferred from the legacy councils.  The review of Auckland Council CCOs is focused on the substantive CCOs.

14.     The substantive CCOs were established by the government and Auckland Transition Agency, under the Local Government (Auckland Council) Act 2009 or via Order in Council, to deliver a range of activities previously delivered by the legacy councils and their associated organisations. 

15.     After three years of operation within this structure both Council and the substantive CCOs agree that the CCO review is an opportunity to evaluate the current model and determine whether there is a need to change the scope of activities and functions within any CCO, the structures that the CCOs operate within or any of the accountability mechanisms between CCOs and Council. 

16.     With the Auckland Plan, the council has a much clearer picture of its strategic priorities and can use this review to address the alignment of Council service delivery with strategic priorities.

Development of a Terms of Reference

17.     In order to determine the objectives, scope and methodology for the review a TOR has been drafted for consideration by council.

18.     In addition to the development of the TOR Councillors, Local Boards, CCOs and the IMSB have been contributing to a current state assessment which will inform the first stage of the review process and has informed the development of the TOR.

19.     An initial draft TOR was distributed by the Mayor at the end of 2013 to all elected members, CCOs and the IMSB for consideration and feedback.

20.     Feedback was received on the TOR from Councillors, the CCOs, the Independent Māori Statutory Board and staff from within Council.

21.     There were some common themes amongst the feedback, particularly on the scope of the TOR and review. This included the need to reduce duplication between Auckland Council and CCO activities, views as to the best location or responsibility for strategy/policy development, and where an activity is split between Auckland Council and one or more CCOs the need to assess the impact this may have on outcomes and delivery.

22.     Effective communication and collaboration across organisations and achieving constructive and positive engagement with Aucklanders were also identified as critical issues for the review.

23.     The proposed TOR enables issues raised to be addressed or investigated as part of the review.

24.     A key change to the TOR is an extended timeline. Whist there is agreement that the timeframe of the review needs to be finite there is also an understanding that sufficient time is required to get full participation and feedback at the appropriate points of the process.

25.     The intention now is to complete the review and be ready to implement agreed outcomes by 30 June 2015, which also aligns the CCO review with the Long Term Plan process. 


Proposed Terms of Reference and next steps

26.     A final version of the proposed TOR is attached to this report for consideration and approval by the Governing Body, which includes changes and additions based on the feedback received.

27.     Once the TOR is approved by the Governing Body the review of Auckland Council CCOs can begin.   This will complete Phase One of the process/timeline included in the TOR.

28.     Phase Two of the timeline is first stage of the review itself. This will include analysis of CCO and related activities and functions against criteria and current state assessments to provide an initial report on appropriate delivery mechanisms for each activity/function and proposed CCO structures.

 

Consideration

Local Board Views

29.     As noted above the draft TOR for the review was distributed to all Local Boards on Friday 20 December 2013. No formal feedback from local boards had been received at the time of writing this report. However, local boards are also participating in the current state assessment process and this feedback is expected to come via local board discussions or business meetings between February and April 2014. This feedback will inform the analysis of CCO and related activities and functions.

Māori Impact Statement

30.     CCOs, as delivery agents of Council, have the potential to have a significant impact on positive outcomes for Māori. The review of CCO’s is therefore an opportunity to ensure that Council’s commitments and obligations to Māori are reflected in the arrangements between Council and its CCOs.

31.     Te Waka Angamua and the Independent Māori Statutory Board have contributed to the development of the TOR and will continue to be included in the review process moving forward. Any Governing Body workshops or discussions required as part of the review will include CCO Governance and Monitoring Committee IMSB members. The need to clearly identify council’s statutory obligations to Māori and the need for the review to facilitate alignment with council’s Māori Responsiveness Framework was highlighted by the IMSB and Te Waka Angamua. These changes are reflected in the attached TOR. 

32.     Consultation with Māori, including Mana Whenua, Mataawaka and Iwi, would form part of any public consultation, should this occur during Phase Three of the review.

Implementation Issues

33.     The project sponsor for the CCO review is Auckland Council Chief Executive, Stephen Town. 

34.     The CCO review process will be completed with, primarily, internal resources.  There may be some small pieces of work that will need to be contracted out but this is intended to be minimal and will be resourced from existing budgets.


 

Attachments

No.

Title

Page

aView

Review of Auckland Council CCOs - Proposed Terms of Reference

23

     

Signatories

Author

Mark Butcher - Treasurer

Authorisers

Andrew McKenzie - Chief Finance Officer

Stephen Town - Chief Executive

 


Governing Body

27 February 2014

 

 








Governing Body

27 February 2014

 

 

Council Controlled Organisation Review – Current State Assessment

 

File No.: CP2014/02378

 

  

 

Purpose

1.       To report to the Governing Body on the current state assessment that has been undertaken to inform the Council Controlled Organisation (CCO) review.

Executive Summary

2.       This report was not available at time of print and will be distributed in an addendum agenda prior to the Governing Body meeting.

 

Recommendation

The agenda report will contain the recommendation for this item.

 

 

Attachments

There are no attachments for this report.    

Signatories

Author

Rita Bento-Allpress - Democracy Advisor

Authorisers

Stephen Town - Chief Executive

 


Governing Body

27 February 2014

 

 

Proposed Auckland Council membership on the Tūpuna Maunga o Tāmaki Makaurau Authority

 

File No.: CP2014/01962

 

  

 

Purpose

1.       To:

·     recommend that Auckland Council elected membership on the Tūpuna Maunga o Tāmaki Makaurau Authority (the Maunga Authority) comprise of three Governing Body and three local board members

·     appoint three Governing Body members to the Maunga Authority

·     recommend the creation of a Local Board Forum, with whom the council members of the Maunga Authority can engage to provide information to and receive input from affected local boards. 

Executive Summary

2.       The Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Bill 2013 (the Bill) is to give effect to certain matters contained in the deed entered into by the Crown and Ngā Mana Whenua o Tāmaki Makaurau Collective (the Tāmaki Collective).  The Bill provides shared redress to the Iwi / Hapū constituting Ngā Mana Whenua o Tāmaki Makaurau.

 

3.       The Bill establishes the Tūpuna Maunga o Tāmaki Makaurau Authority (the Maunga Authority) and sets out matters relating to its membership, functions and powers, administration and procedures.  The membership consists of two members appointed by each of the three rōpū entities to which the 13 iwi and hapu constituting the collective associate, six members appointed by council and one non-voting member appointed by the Minister for Arts, Culture and Heritage (for the first three years of the Maunga Authority).

 

4.       It is proposed that council membership on the Maunga Authority consist of three Governing Body and three local board members.  This composition is recommended because it:

a)   enables shared representation from the Governing Body and local boards that reflects 

 council’s shared decision making model

b)   allows for Governing Body members to account for the views from a regional

 perspective

c)   allows local board members to reflect views from a local perspective, whilst also being 

 responsible for taking a region-wide perspective in the administration of the maunga

d)   provides flexibility and changes to the membership structure over time

e)   enables stronger links between the Maunga Authority and local communities, many of

 whom are active in the stewardship of maunga.

 

5.       The proposed council membership for the Maunga Authority has been guided by the direction of the Political Working Party, which highlighted a preference for a mixed membership of Governing Body and local board members and members who had a strong interest in or knowledge of the maunga.  It is proposed that the following criteria also be considered when nominating and appointing members to the authority:

a)   given the regional nature of their responsibilities governing body representation should

 not be restricted to councillors within whose wards the maunga are situated

b)   that local board representatives are appointed from areas of the region where maunga

 included in the settlement are located

c)   that the Governing Body and local boards consider a geographic spread of

 representation when appointing Maunga Authority members.

 

6.       The creation of a local board forum is recommended consisting of a local board representative from each of the eight local boards affected.  The forum will provide for a two-way dialogue on issues affecting the maunga between the council members on the Maunga Authority and the forum. 

 

Recommendation/s

That the Governing Body:

a)      agree that Auckland Council elected membership on the Tūpuna Maunga o Tāmaki Makaurau Authority comprise of three Governing Body and three local board members.

b)      appoint three Governing Body members to the Tūpuna Maunga o Tāmaki Makaurau Authority.

c)      invite the eight local boards within whose area the maunga are located to nominate three members to be appointed to the Tūpuna Maunga o Tāmaki Makaurau Authority by the Governing Body at its March meeting.

d)      invite the eight local boards to appoint a member each to a forum which will engage with the council members of the Tūpuna Maunga o Tāmaki Makaurau Authority on matters affecting the maunga.

e)      forward the report and recommendations to all local boards and the Independent Māori Statutory Board for their information. 

 

Discussion

 

Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Bill 2013

 

7.       The purpose of the Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Bill 2013 (the Bill) is to give effect to certain matters contained in the Tāmaki Makaurau Collective Deed of Settlement entered into by the Crown and Ngā Mana Whenua o Tāmaki Makaurau Collective (the Tamaki Collective).  The Bill provides shared redress to the Iwi and Hapū constituting Ngā Mana Whenua o Tāmaki Makaurau, including:

·     restoring ownership of certain maunga and motu of Tāmaki Makaurau to the Iwi and Hapū, the maunga and motu being treasured sources of mana to the Iwi and Hapū

·     providing mechanisms by which the Iwi and Hapū may exercise mana whenua and kaitiakitanga over the maunga and motu

·     providing a right of first refusal regime in respect of certain land of Tāmaki Makaurau to enable those Iwi and Hapū to build an economic base for their members.

 

8.       The maunga will be held in trust for the common benefit of Ngā Whenua o Tāmaki Makaurau and the other peoples of Auckland. 


 

9.       The iwi/hapu who form the collective are:

·    Ngāi Tai ki Tāmaki                        

·    Ngāti Maru

·    Ngāti Pāoa

·    Ngāti Tamaoho

·    Ngāti Tamaterā

·    Ngāti Te Ata

·    Ngāti Whanaunga

·    Ngāti Whātua o Kaipara

·    Ngāti Whātua Ōrākei

·    Te Ākitai Waiohua

·    Te Kawerau ā Maki

·    Te Patukirikiri

·    Hapū of Ngāti Whātua (other than Ngāti Whātua o Kaipara and Ngāti Whātua Ōrākei) whose members are beneficiaries of Te Rūnanga o Ngāti Whātua, including Te Taoū not descended from Tiperiri.

10.     The Bill was presented on 1 August 2013 to Parliament for its first reading.  After hearing submissions on the Bill the Māori Affairs Select Committee reported back to Parliament in December and the Bill is expected to be enacted in February/March 2014. 

 

Further background information on the settlement is contained in attachment one.

 

 

Tūpuna Maunga o Tāmaki Makaurau Authority

 

11.     The Bill establishes the Tūpuna Maunga o Tāmaki Makaurau Authority (the Maunga Authority) and sets out matters relating to its membership, functions and powers, administration and procedures.  The membership consists of:

·    two members appointed by each rōpū entity

·    six members appointed by council

·     one non-voting member appointed by the Minister for Arts, Culture and Heritage (for the first three years of the Maunga Authority).

12.     The members appointed by the rōpū entities must appoint the chairperson and the members appointed by council must appoint the deputy chairperson.  The Bill sets out further matters relating to standing orders, meetings, remuneration, delegations, conflicts of interest and a terms of reference.

 

13.     The Governing Body’s Treaty Settlements Political Working Party (the PWP) has indicated support for six meetings in the first year, then the Maunga Authority shall determine meeting frequency for subsequent years.  However, it is likely that workshops or additional meetings will be required in the first year to enable the Maunga Authority to receive information and discuss matters required to fulfil its responsibilities.

 


Role of the Maunga Authority

 

14.     The Maunga Authority will develop an integrated management plan for each maunga (and any additional land administered by the Maunga Authority).  The Maunga Authority is an administering body for the purposes of the Reserves Act 1977 and the integrated management plan must comply with relevant provisions of this Act.

 

15.     Each financial year the Maunga Authority and council must prepare, agree and adopt an operational plan to provide the framework for council to carry out its responsibilities for management of the maunga.  A summary of the operational plan must be included in council’s annual and long-term plans.

 

16.     The Maunga Authority must have regard to the following when exercising its powers and carrying out its functions:

 

·     the spiritual, ancestral, cultural, customary and historical significance of the maunga to Ngā Mana Whenua o Tāmaki Makaurau

·     the maunga is held for the common benefit of Ngā Mana Whenua o Tāmaki Makaurau and the other people of Auckland.

 

17.     Existing third party interests associated with the use of the maunga will be protected in the settlement legislation.  These interests are detailed under schedule one of the Bill.

 

Role of Auckland Council

 

18.     While not a party to the settlement, council will become involved in its implementation as part of the Maunga Authority, which will administer the lands and carry out the functions provided for in the settlement legislation.

 

19.     The settlement legislation will also require council to provide Maunga Authority with the administrative support necessary for it to carry out its functions, including responsibility for costs and routine management in relation to the maunga and administered lands.  The establishment of the Maunga Authority and the co-governance regime represents a significant change in the way that the council participates in the administration and management of the maunga.

 

20.     Council will carry out its responsibilities for management of the maunga in accordance with an annual operational plan and under the direction of the Maunga Authority.  Council is responsible for the costs of carrying out these responsibilities and for the costs of the Maunga Authority (to the extent allowed by revenue from the maunga and any other funding associated with the maunga).

 

21.     Council must also meet annually with the Tamaki Collective to discuss matters relating to the maunga including the performance of the Maunga Authority and its proposed activities in the following year.


 

22.     The following table outlines the location of the maunga by local board and ward area:

 

Maunga

Local board area

Ward area

·      Maungawhau / Mt. Eden

·      Owairaka / Mt. Albert

·      Te Kopuke – Titikopuke / Mt. St. John.

Albert-Eden

Albert-Eden-Roskill

·      Puketapapa – Pukewiwi / Mt. Roskill

·      Te Tatua-a-Riukiuta / Big King.

Puketapapa

·      Maungauika / North Head[1]

·      Takarunga / Mt. Victoria.

Devonport-Takapuna

North Shore

·      Ohuiarangi / Pigeon Mountain.

Howick

Howick

·      Maungakiekie / One Tree Hill

·      Maungarei / Mt. Wellington

·      Otahuhu / Mt. Richmond

·      Rarotonga / Mt. Smart.

Maungakiekie-Tamaki

Maungakiekie-Tamaki

·      Mangere Mountain[2]

Mangere-Otahuhu

Manukau

·      Matukutururu / Wiri Mountain.

Manurewa

Manurewa-Papakura

·      Ohinerau / Mt. Hobson.

Orakei

Orakei

 

Auckland Council membership on the Maunga Authority

 

23.     It is proposed that council membership on the Maunga Authority consist of three Governing Body and three local board members.  This composition is recommended because it:

·     enables shared representation from the Governing Body and local boards that reflects council’s shared decision making model

·     allows for Governing Body members to account for the views from a regional perspective

·     allows local board members to reflect views from a local perspective, whilst also being accountability from a region-wide perspective as well

·     provides flexibility and changes to the membership structure over time

·     enables stronger links between the Maunga Authority and local communities, many of whom are active in the stewardship of maunga

 

24.     The proposed council membership for the Maunga Authority has been guided by the direction of the Political Working Party, which highlighted a preference for a mixed membership of Governing Body and local board members and members who had a strong interest in or knowledge of the maunga.  It is proposed that the following criteria also be considered when nominating and appointing members to the authority:

·     Given the regional nature of their responsibilities governing body representation should not be restricted to councillors within whose wards the maunga are situated

·     that local board representatives are appointed from areas of the region where maunga included in the settlement are located

·     that the Governing Body and local boards consider a geographic spread of representation when appointing Maunga Authority members.

 

 

 

Local Board Forum

 

25.     The creation of a local board forum is recommended consisting of a local board representative from each of the eight local boards affected.  The forum will provide for a two-way dialogue on issues affecting the maunga between the council members on the Maunga Authority and the forum.

26.     It is proposed the eight local boards affected be invited to nominate three members to be appointed to the Maunga Authority by the Governing Body at its meeting in March 2014.

Consideration

Local Board Views

27.     Local board representation on the Maunga Authority will ensure that the views of local boards with maunga in their area are given appropriate consideration when making future decisions regarding the maunga.

 

28.     The Local Board Forum will provide an additional mechanism for local boards with maunga in their area to highlight their key priorities to the council members of the Maunga Authority.

 

29.     The maunga are significant landmarks and valuable local assets within their communities.  Local boards have expressed a strong interest in being involved in the co-governance arrangements to ensure local communities remain involved in the planning and management of the maunga moving forward.

 

30.     Local communities have been involved in the maintenance and restoration of local maunga for many years and will continue to play an important role in their stewardship.  Local boards play an important role in advocating on behalf of their communities and can help ensure local considerations are taken into account in the planning and maintenance of the maunga.  Many local boards have priorities in the local board plans relation to maunga.

 

Māori Impact Statement

31.     Council staff have been involved in active and collaborative engagement with the Tamaki Collective to prepare for the establishment of the Maunga Authority and the matter which must be addressed at its first meeting.  This process has served to reinforce the historical and cultural importance of the maunga to the Tamaki Collective and engendered a positive relationship between the Tamaki Collective and council. 


Implementation Issues

Next steps to implement the Maunga Authority

 

32.     The following table outlines the next key steps and expected timeline  to implement the Maunga Authority:

 

Deliverable

Date

Description

Ngā Mana Whenua o Tāmaki Makaurau Collective Redress Bill 2013 enacted

February/March 2014

The final reading of the Bill is undertaken and is enacted into legislation

Inaugural meeting of the Maunga Authority

April/June 2014

The first meeting of the Maunga Authority.  The Bill will become effective 20 working days after its enactment and the Maunga Authority must meet no later than four weeks after that.  At its first meeting the authority must:

·      appoint the chairperson and deputy chairperson

·      agree a schedule of meetings for the following 12 months

·      adopt standing orders for the conduct of its meetings

·      make initial delegations

·      adopt the interim operational plan. 

Site visits

To be determined

For Maunga Authority members, Auckland Council representatives and mana whenua to visit all maunga and discuss and understand each other’s values regarding the maunga.

 

 

Attachments

No.

Title

Page

aView

Auckland Council’s settlement and governance responsibilities for Auckland’s maunga

41

     

Signatories

Author

Tristan Coulson - Policy Analyst

Authorisers

Grant Taylor - Governance Director

Stephen Town - Chief Executive

 


Governing Body

27 February 2014

 

 




Governing Body

27 February 2014

 

 

Political Working Party for negotiations with the Independent Māori Statutory Board for 2014/15 Funding Agreement

 

File No.: CP2014/02081

 

  

 

Purpose

1.       To establish the Independent Māori Statutory Board (IMSB)  Funding Agreement Political Working Party; appoint Governing Body members to the working party; and authorise the working party to negotiate with the IMSB to achieve a recommended IMSB funding agreement for the 2014/15 financial year for adoption by the Governing Body.

Executive Summary

2.       Auckland Council and the IMSB are required each year to negotiate in good faith to achieve a funding and service level agreement for the IMSB.

3.       IMSB funding for the 2014/15 year needs to be included in council’s Annual Plan for 2014/15. The timing of the funding agreement must also enable IMSB to continue to carry out its purpose without interruption. To achieve both of these requirements, we recommend that the IMSB funding agreement is completed by early April and adopted at the Governing Body meeting on April 17 2014.

4.       In previous years, the Governing Body delegated authority to a working party of three Councillors to conduct negotiations with the IMSB, prior to the funding agreement being approved by the full Governing Body. We recommend that a similar process is followed for funding agreement negotiations in this electoral term.

5.       Familiarity with previous funding agreements would assist the working party for the 2014/15 year. Retaining some consistency of elected members from the previous working party for the IMSB funding agreement negotiations is desirable for this reason.

 

Recommendations

That the Governing Body:

a)      agree to establish a working party of elected members to conduct negotiations on behalf of the Governing Body for funding agreements with the Independent Māori Statutory Board in this electoral term.

b)      note the desirability of retaining some consistency of elected members from the previous working party for the Independent Māori Statutory Board funding agreement negotiations.

c)      appoint members to the political working party for the Independent Māori Statutory Board funding agreement negotiations for the 2014/15 financial year and remaining years of this electoral term.

d)      delegate authority to the Independent Māori Statutory Board Funding Agreement Political Working Party to negotiate with the Independent Māori Statutory Board to achieve a recommend funding agreement for adoption by the Governing Body in each financial year of this electoral term.

 

 

Discussion

6.       Auckland Council and the IMSB are required each year to negotiate in good faith to “make a funding agreement on the amount of money and the level of servicing that the council is to provide to the board”[3].

7.       The funding agreement must include, or make provision for:

·   the reasonable costs of IMSB’s operations and secretariat;

·   IMSB seeking and obtaining advice and establishing committees;

·   IMSB’s work plan for the year;

·   IMSB board members fees and reasonable expenses.

 

Political Working Party

8.       In previous years, the Governing Body delegated authority to a working party of three councillors to conduct negotiations with the IMSB, prior to the funding agreement being approved by the full Governing Body. We recommend that a similar process is followed for funding agreement negotiations in this electoral term.

9.       The members of the political working party for the 2013/14 year were:

·   Councillor Christine Fletcher

·   Councillor Penny Webster

·   Councillor Richard Northey.

10.     Previously Councillor Alf Filipaina was invited to attend working party meetings in his role as Governing Body liaison to the IMSB.

11.     Familiarity with previous funding agreements would assist the working party for the 2014/15 year. Retaining some consistency of elected members from the previous working party for the IMSB funding agreement negotiations is desirable for this reason.

 

Timing

12.     IMSB funding for the 2014/15 year needs to align with council’s Annual Plan for 2014/15. The funding agreement must also be “made within a time that enables the board to continue to carry out its purpose without interruption”[4].  To achieve both of these requirements, we recommend that the IMSB funding agreement is completed by early April and adopted at the Governing Body meeting on 17 April 2014.

13.     To meet this deadline we anticipate that two or three meetings of the political working party in March/early April may be required.

Consideration

Local Board Views

14.     This matter does not impact local boards. Their views have not been sought.


Māori Impact Statement

15.     The funding agreement supports the IMSB to give effect to its statutory purpose of promoting cultural, economic, environmental, and social issues of significance for Māori in Tamaki Makaurau; and ensuring that the council acts in accordance with statutory provisions referring to the Treaty of Waitangi

General

16.     Nothing to report.

Implementation Issues

17.     This report recommends the establishment of a political working party. The working party is likely to meet two or three times between early March and early April 2014. There are no other implementation issues.

 

Attachments

There are no attachments for this report.    

Signatories

Author

Deborah James - Executive Officer

Authorisers

Grant Taylor - Governance Director

Stephen Town - Chief Executive

      

 


Governing Body

27 February 2014

 

 

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

 

That the Governing Body:

a)      exclude the public from the following part(s) of the proceedings of this meeting.

b)      agree that Andrew Harkness of Simpson Grierson be allowed to remain for item C1, Auckland Council Proposed Retail Bond Issue, as his knowledge of the matter will assist the Governing Body in its decision-making.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

 

C1       Auckland Council Proposed Retail Bond Issue

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 6.

s6(a) - The making available of the information would be likely to prejudice the maintenance of the law, including the prevention, investigation, and detection of offences and the right to a fair trial.

In particular, the report contains a draft version of documents relating to the offer of securities to the public that cannot be released until a decision is made to proceed with the offer. To do so will breach the Securities Act.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 6.

 

C2       Te Tiriti / Treaty Settlements Update

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

s7(2)(c)(i) - The withholding of the information is necessary to protect information which is subject to an obligation of confidence or which any person has been or could be compelled to provide under the authority of any enactment, where the making available of the information would be likely to prejudice the supply of similar information or information from the same source and it is in the public interest that such information should continue to be supplied.

In particular, the report contains information provided by the Crown to council in confidence on the understanding the information is negotiation sensitive between iwi / hapū and the Crown.  If confidential information is made available, it will prejudice both those negotiations and the provision of similar information to council in the future.

s48(1)(a)

The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.

 

   



[1] Subject to due diligence undertaken by council.

[2] Subject to final settlement legislation.

[3] Local Government (Auckland Council) Act 2009, Clause 20 (2).

[4] Local Government (Auckland Council) Act 2009, Clause 20 (6)